Defendants' Chances On Daubert May Vary By Circuit

By Jessica Miller, Benjamin Halperin and Anthony Balzano (October 1, 2019, 5:21 PM EDT) -- Last year, in what it called a very close decision, the court overseeing the Roundup Products Liability Litigation admitted expert testimony opining that a chemical in Monsanto's Roundup weedkiller causes non-Hodgkin's lymphoma.[1] In its ruling, which is currently on appeal, the court stated that the U.S. Court of Appeals for the Ninth Circuit applies the U.S. Supreme Court's Daubert mandate governing the admissibility of expert testimony with a "'liberal thrust' favoring admission."

The Roundup court also contrasted the Ninth Circuit's approach with what it characterized as a more stringent approach taken by the U.S. District Courts of Appeal for the Third and...

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